Volume 19_ Issue 18 by gabyion

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									                                               FINAL REGULATIONS
                                    For information concerning Final Regulations, see Information Page.

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   VIRGINIA BOARD FOR ASBESTOS, LEAD, AND                                 Summary of Public Comments and Agency's Response: A
              HOME INSPECTORS                                             summary of comments made by the public and the agency's
                                                                          response may be obtained from the promulgating agency or
Title of Regulation: 18 VAC 15-40. Virginia Certified Home                viewed at the office of the Registrar of Regulations.
Inspectors Regulations (adding 18 VAC 15-40-10 through
18 VAC 15-40-190).                                                                             CHAPTER 40.
                                                                                   VIRGINIA CERTIFIED HOME INSPECTORS
Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of                                  REGULATIONS.
Virginia.
                                                                                                       PART I.
Effective Date: July 1, 2003.                                                                         GENERAL.
Agency Contact: Tom Perry, Regulatory Boards Administrator,               18 VAC 15-40-10. Definitions.
Department of Professional and Occupational Regulation,
3600 W. Broad Street, Richmond, VA 23230, telephone (804)                 The following words and terms when used in this chapter shall
367-2648, FAX (804) 367-6128, (804) 367-9753/TTY, or e-                   have the following meanings unless a different meaning is
mail asbestos@dpor.state.va.us.                                           provided or is plainly required by the context:

Summary:                                                                  "Board" means the Virginia Board for Asbestos, Lead, and
                                                                          Home Inspectors.
  The regulations establish entry, renewal, and reinstatement
  requirements for certification by the board for a voluntary             "Certificate holder" means any person holding a valid
  certification program for home inspectors established by                certificate as a certified home inspector issued by the board.
  House Bill 2174 of the 2001 Session of the Virginia General             "Certification" means an authorization issued to an individual
  Assembly. The regulations also establish minimum                        by the board to perform certified home inspections by meeting
  standards for conducting certified home inspections as well             the entry requirements established in these regulations.
  as standards of conduct and practice.
                                                                          "Client" means a person who engages or seeks to engage the
  1. The time limit for accepting a professional home                     services of a certified home inspector for the purpose of
  inspector association membership as having met the                      obtaining an inspection of and a written report upon the
  board’s entry requirements was eliminated since § 54.1-                 condition of a residential building.
  517.2 of the Code of Virginia places no time restraints for
  this provision.                                                         "Compensation" means the receipt of monetary payment or
                                                                          other valuable consideration for services rendered.
  2. Language was added to allow the certificate holder to
  perform work that is unrelated to any findings in the                   "Component" means a part of a system.
  inspection report on property on which he performed a
                                                                          "Contact hour" means 50 minutes of participation in a
  home inspection.
                                                                          structured training activity.
  3. Language was added to prevent someone from
                                                                          "Department" means the Department of Professional and
  inspecting their own repairs or modifications.
                                                                          Occupational Regulation.
  4. Language was added to allow a certificate holder to
                                                                          "Fireplace" means an interior fire-resistant masonry
  disclose any result of the inspection if there appears to be
                                                                          permanent or prefabricated fixture that can be used to burn
  any imminent threat to life or health.
                                                                          fuel and is either vented or unvented.
  5. Language was added to not prevent a certificate holder
                                                                          "Foundation" means the base upon which the structure or a
  from performing other tests (i.e., radon) on property on
                                                                          wall rests, usually masonry, concrete, or stone, and generally
  which he has conducted a home inspection.
                                                                          partially underground.
  6. In the listing of required components to be inspected
                                                                          "Function" means the action for which an item, component or
  during the certified home inspection, the terms “all” and
                                                                          system is specially fitted or used, or for which an item,
  “every” were replaced with “readily accessible.” All or every
                                                                          component or system exists.
  component may not be accessible and therefore cannot be
  inspected. However, these situations should be noted in                 "Inspect" or "inspection" means to visually examine readily
  the certified home inspection report.                                   accessible systems and components of a building established
                                                                          in this chapter.
  7. An exception was added to allow the certified home
  inspector to perform improvements and repairs on a                      "Readily accessible" means available for visual inspection
  residence which he purchases after conducting a certified               without requiring moving of personal property, dismantling,
  home inspection.

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                                                                                                       Final Regulations
destructive measures, or any action that will likely involve risk        [ Board-approved ] Instruction courses shall cover the
to persons or property.                                                  content areas of the board-approved examinations.
"Reinstatement" means having a certificate restored to                   An applicant who cannot fulfill the classroom instruction
effectiveness after the expiration date has passed.                      requirement as outlined in this subsection may substitute a
                                                                         minimum of 10 years of experience as a home inspector to
"Renewal" means continuing the effectiveness of a certificate            satisfy this requirement. The experience substitution is
for another period of time.                                              subject to board review and approval.
"Residential building" means, for the purposes of home                   3. The applicant shall have passed a written competency
inspection, a structure consisting of one to four dwelling units         examination approved by the board.
used or occupied, or intended to be used or occupied, for
residential purposes.                                                    4. The board may [ for a period of five years from (insert the
                                                                         effective date of the regulation) ] accept proof of
"Solid fuel burning appliances" means a hearth and fire                  membership in good standing, in a national or state
chamber or similarly prepared place in which a fire may be               professional home inspectors association [ approved by the
built and that is built in conjunction with a chimney, or a listed
                                                                         board ], as satisfaction of subdivisions 1, 2, and 3 of this
assembly of a fire chamber, its chimney and related factory-             section [ , provided that the requirements for the applicant's
made parts designed for unit assembly without requiring field            class of membership in such association are equal to or
construction.                                                            exceed the requirements established by the board for all
"Structural component" means a component that supports                   applicants ].
nonvariable forces or weights (dead loads) and variable forces           5. The applicant shall have a good reputation for honesty,
or weights (live loads).                                                 truthfulness, and fair dealing, and be competent to transact
"System" means a combination of interacting or                           the business of a home inspector in such a manner as to
interdependent components, assembled to carry out one or                 safeguard the interests of the public.
more functions.                                                          6. The applicant shall disclose whether a certificate or
Terms not defined in this chapter have the same definitions as           license as a home inspector from any jurisdiction where
those set forth in § 54.1-500 of the Code of Virginia.                   certified or licensed has ever been suspended, revoked or
                                                                         surrendered in connection with a disciplinary action or which
                         PART II.                                        has been the subject of discipline in any jurisdiction prior to
                  ENTRY REQUIREMENTS.                                    applying for certification in Virginia. The board may deny
18 VAC 15-40-20. Necessity for certification.                            certification to any applicant so disciplined after examining
                                                                         the totality of the circumstances.
Any person who holds himself out as or uses the title of
"certified home inspector" or conducts or offers to provide a            7. [ Subject to the provisions of § 54.1-204 of the Code of
"certified home inspection" shall have a current and valid               Virginia, ] The applicant shall disclose any conviction or
certificate issued by the board. Nothing in this chapter shall be        finding of [ guilty guilt ], regardless of adjudication, in any
construed to preclude [ noncertified ] individuals from                  jurisdiction of the United States of any misdemeanor
performing home inspections for hire provided their conduct is           involving violence, repeat offenses, multiple offenses, or
in compliance with § 54.1-517.1 of the Code of Virginia.                 crimes that endangered public health or safety, or of any
                                                                         felony, there being no appeal pending therefrom or the time
18 VAC 15-40-30. Qualifications for certification.                       for appeal having elapsed. [ Subject to the provisions of §
                                                                         54.1-204 of the Code of Virginia, ] the board shall have the
Every applicant for an individual home inspector certificate
                                                                         authority to determine, based upon all the information
shall have the following qualifications:
                                                                         available, including the applicant’s record of prior
  1. The applicant shall be at least 18 years old.                       convictions, if the applicant is unfit or unsuited to engage in
                                                                         the profession of residential home inspections. The board
  2. The applicant shall meet the following educational and              will decide each case by taking into account the totality of
  experience requirements:                                               the circumstances. Any plea of nolo contendere shall be
    a. High school diploma or equivalent; and                            considered a conviction for purposes of this subdivision. A
                                                                         certified copy of a final order, decree, or case decision by a
    b. One of the following:                                             court with the lawful authority to issue such order, decree or
       (1) Completed 35 contact hours of classroom                       case decision shall be admissible as prima facie evidence
       instruction [ from a board-approved course or courses ]           of such conviction or guilt.
       and have completed a minimum of 100 home                          8. [ The applicant shall follow all ] Procedures [ and
       inspections; or                                                   appropriate conduct ] established by [ either ] the board or [
       (2) Completed 70 contact hours of classroom                       the any ] testing service [ with regard to conduct at the
       instruction [ from a board-approved course or courses ]           examination administering an examination approved by the
       and have completed a minimum of 50 home                           board or both shall be followed by the applicant ]. Such
       inspections.                                                      procedures shall include any written instructions
                                                                         communicated prior to the examination date and any
                                                                         instructions communicated at the site, either written or oral,

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  on the date of the examination. Failure to comply with all                                 PART III.
  procedures established by the board or the testing service                RENEWAL AND REINSTATEMENT OF CERTIFICATE.
  with regard to conduct at the examination shall be grounds
  for denial of the application.                                         [ 18 VAC 15-40-70 18 VAC 15-40-60 ]. Renewal required.

  9. Applicants shall show evidence of having obtained                   Certificates issued under this chapter shall expire two years
  general liability insurance with minimum limits of $250,000.           from the last day of the month in which they were issued, as
                                                                         indicated on the certificate.
[ 18 VAC 15-40-40. Conflict of interest.
                                                                         [ 18 VAC 15-40-80 18 VAC 15-40-70 ]. Qualification for
A. The certificate holder shall not:                                     renewal.
  1. Design or perform repairs or modifications to a residential         A. As a condition of renewal, all certified home inspectors
  building on which he has performed a certified home                    shall be required to affirm that they continue to maintain
  inspection;                                                            insurance as required by 18 VAC 15-40-30. Failure to
                                                                         maintain the required insurance as directed by the board will
  2. Refer his client to another party to make repairs or                result in the certification not being renewed or disciplinary
  modifications to a residential building on which he has                action pursuant to this chapter, or both.
  performed a certified home inspection; or
                                                                         B. Each certificate holder desiring to renew the certificate shall
  3. Represent any of the parties to the transfer or sale of a           return to the board the renewal application form and the
  residential building on which he has performed a certified             appropriate fee as outlined in [ 18 VAC 15-40-110 18 VAC 15-
  home inspection.                                                       40-100 ].
B. The certificate holder shall not disclose any information             [ 18 VAC 15-40-90 18 VAC 15-40-80 ]. Procedures for
concerning the results of the certified home inspection without
                                                                         renewal.
the approval of the client for whom the certified home
inspection was performed.                                                The board will mail a renewal application form to the certificate
                                                                         holder at the last known home address. These notices shall
C. The certificate holder will not accept compensation,                  outline the procedures for renewal. Failure of the board to mail
financial or otherwise, from more than one interested party for          or of the certificate holder to receive these notices does not
the same service on the same property without the consent of             relieve the certificate holder of the obligation to renew.
all interested parties.
                                                                         [ 18 VAC 15-40-100 18 VAC 15-40-90 ]. Failure to renew;
D. The certificate holder shall not accept nor offer
                                                                         reinstatement required.
commissions or allowances, directly or indirectly, from other
parties dealing with the client in connection with work for              A. If the requirements for renewal of a certificate, including
which the certificate holder is responsible.                             receipt of the fee by the board, are not completed by the
                                                                         certificate holder within 30 days of the expiration date noted
E. The certified home inspection shall not be used as a tool by          on the certificate, a late renewal fee shall be required in
the certificate holder to solicit or obtain work in another field.       addition to the renewal fee.
18 VAC 15-40-50 18 VAC 15-40-40 ]. Waiver of the                         B. If the requirements for renewal of a certificate, including
requirements of this chapter.                                            receipt of the fee by the board, are not completed by the
Except as required by law, the board may, in its reasonable              certificate holder within six months of the expiration date noted
discretion, waive any of the requirements of this chapter when           on the certificate, a reinstatement fee shall be required.
in its judgment it finds that the waiver in no way lessens the           C. All applicants for reinstatement shall meet all requirements
protection provided by this chapter and Title 54.1 of the Code           set forth in 18 VAC 15-40-30.
of Virginia to the public health, safety and welfare. The burden
of proof that demonstrates continued public protection rests             D. A certificate may be reinstated for up to two years following
with the individual requesting the waiver. Documents                     the expiration date with payment of the reinstatement fee.
referenced are in effect as they existed as of the date the act          After two years, the certificate shall not be reinstated under
or action has occurred.                                                  any circumstances and the applicant shall apply as a new
                                                                         applicant, requiring the applicant to retake the examination.
[ 18 VAC 15-40-60 18 VAC 15-40-50 ]. Application fees.
                                                                         E. The certificate holder who reinstates his certification shall
A. All application fees for certificates are nonrefundable and           be regarded as having been continuously certified without
the date of actual receipt by the board or its agent is the date         interruption. Therefore, the certificate holder shall remain
that will be used to determine whether it is timely received.            under the disciplinary authority of the board during this entire
B. The fee for an initial application for Certified Home                 period and shall be held accountable for his activities during
Inspector shall be $25.                                                  this period.
                                                                         [ 18 VAC 15-40-110 18 VAC 15-40-100 ]. Fees for renewal
                                                                         [ and , ] reinstatement [ and examination ].
                                                                         A. All fees for renewal and reinstatement are nonrefundable,
                                                                         and the date of actual receipt by the board or its agent is the

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                                                                                                         Final Regulations
date that will be used to determine whether it is timely                     c. The strength, adequacy, effectiveness, or efficiency of
received.                                                                    any system or component.
B. Renewal and reinstatement fees are as follows:                            d. The causes of any condition or deficiency.
  Renewal fee                    $25                                         e. The methods, materials, or costs of corrections.
  Late renewal fee               $25
  Reinstatement fee             $100                                         f. Future conditions including, but not limited to, failure of
                                                                             systems and components.
[ C. The examination fee shall consist of the administration
expenses of the department ensuing from the board's                          g. The suitability of the property for any specialized use.
examination procedures and contract charges. Examination                     h. Compliance with regulatory requirements (codes,
service contracts shall be established through competitive                   [ including the Virginia Uniform Statewide Building Code, ]
negotiations in compliance with the Virginia Public                          regulations, laws, ordinances, etc.).
Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia). ]
                                                                             i. The market value of the property or its marketability.
[ 18 VAC 15-40-120 18 VAC 15-40-110 ]. Board discretion
to deny renewal or reinstatement.                                            j. The advisability of the purchase of the property.

A. The board may deny renewal or reinstatement of a                          k. The presence of diseases harmful to humans or
certificate for the same reasons as it may refuse initial                    potentially hazardous plants or animals including, but not
certification or discipline a current certificate holder.                    limited to, wood destroying organisms [ and mold ].

B. The board may deny renewal or reinstatement of a                          l. The presence of any environmental hazards including,
certificate if the applicant has not met the terms of an                     but not limited to, toxins, carcinogens, noise, and
agreement for certification or not fully paid monetary penalties,            contaminates in soil, water, and air.
satisfied sanctions and paid costs imposed by the board, plus                m. The effectiveness of any system installed or methods
any accrued interest.                                                        utilized to control or remove suspected hazardous
                   PART IV.                                                  substances.
  MINIMUM STANDARDS FOR CONDUCTING CERTIFIED                                 n. The operating costs of systems or components.
               HOME INSPECTIONS.
                                                                             o. The acoustical properties of any system or component.
[ 18 VAC 15-40-130 18 VAC 15-40-120 ]. Certified home
inspection contract.                                                       To the extent any other items are not specifically included in
                                                                           the home inspection by agreement of the parties, they shall
A. For the protection of both the client and the certificate               also be noted as exclusions in the inspection contract.
holder, both parties shall sign a legible written contract clearly
specifying the terms, conditions, and limitations [ and                    8. Expected delivery date to the client of the certified home
exclusions ] of the work to be performed.                                  inspection report.
B. At a minimum, the written contract shall include:                       9. Dated signatures of both the certified home inspector and
                                                                           the client.
  1. Name, business name (if applicable), business address,
  and telephone number of the certified home inspector.                  C. The certified home inspection contract shall make written
                                                                         disclosure that the certified home inspection report is based
  2. Certificate number and expiration date of the certified             upon visual observation of existing conditions of the inspected
  home inspector.                                                        property at the time of the inspection and is not intended to
  3. Name [ , address, and telephone number ] of the clients.            be, or to be construed as, a guarantee, warranty, or any form
                                                                         of insurance.
  4. Physical address of the residential properties to be
  inspected.                                                             [ 18 VAC 15-40-140 18 VAC 15-40-130 ]. Certified home
                                                                         inspection report.
  5. Cost and method of payment of the certified home
  inspection.                                                            A. Certified home inspection reports shall contain:

  6. A listing of all areas, systems, and components to be                 1. The name, business address and telephone number of
  inspected, including those inspections that are either partial           the certificate holder as well as his certificate number and
  or limited in scope.                                                     expiration date;

  7. To the extent that any of the following categories are not            2. The name, address, and telephone number of the clients;
  covered by the home inspection, they shall be noted as                   3. The physical address of the residential properties
  exclusions [ from in ] the inspection contract:                          inspected; and
    a. The condition of systems or components that are not                 4. The date, time (to include both start and finish times [ of
    readily accessible.                                                    the inspection ]), and weather conditions at the time of the
    b. The remaining life of any system or component.                      certified home inspection.


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B. In conducting a certified home inspection and reporting its            e. Walkways, grade steps, patios, and driveways, but not
findings, the certified home inspector, at a minimum, shall               fences or privacy walls.
inspect     the     condition   of    and     describe    the
composition/characteristics of the following components,                  f. Vegetation, trees, grading, drainage, and any retaining
except as may be limited in the certified home inspection                 walls [ in contact with or immediately adjacent to the
                                                                          dwelling ] that may affect the dwelling.
contract agreement:
  1. Structural system.                                                   g. Visible exterior portions of chimneys.

    a. Foundation.                                                      4. Interior of dwelling.

    b. Framing.                                                           a. [ Every Readily accessible ] interior [ wall walls ],
                                                                          [ ceiling ceilings ], and [ floor floors ] of dwelling and any
    c. Stairs.                                                            attached garage.
    d. Crawl space, [ unless restricted by the dimensions of              b. Steps, stairways, railings, and balconies.
    the area the method of inspecting the crawl space shall
    be noted and explained in the inspection report. If the               c. Countertops and installed cabinets, including hardware.
    crawl space cannot be inspected, the certificate holder               d. [ All Readily accessible ] doors and windows,
    shall explain in the inspection report why this component             [ including hardware but not the operation of associated
    was not inspected ].                                                  security locks, devices, or systems ].
    e. Crawl space ventilation and vapor barriers.                        e. Garage doors and [ permanently mounted and installed
                                                                          ] garage door operators.
    [ f. Sump pump, when present. ]
    [ g. f. ] Slab floor, when present.                                   f. Fireplaces, including flues, venting systems, hearths,
                                                                          dampers, and fireboxes, but not mantles, fire screens and
    [ h. g. ] Floors, ceilings, and walls.                                doors, seals and gaskets.
  2. Roof structure, attic, and insulation.                               g. Solid fuel burning appliances if applicable.
    a. Roof covering. [ The method of inspecting the roof               5. Plumbing system.
    covering shall be noted and explained in the inspection
    report. If the roof covering cannot be inspected, the                 a. Interior water supply and distribution systems, including
    certificate holder shall explain in the inspection report why         water supply lines and all fixtures and faucets, but not
    this component was not inspected. ]                                   water conditioning systems or fire sprinkler systems.

    b. Roof ventilation.                                                  b. Water drainage, waste, and vent systems, including all
                                                                          fixtures.
    c. Roof drainage system, to include gutters and
    downspouts.                                                           c. Drainage sumps, sump pumps, and related piping.

    d. Roof flashings.                                                    d. Water heating equipment, including heat energy source
                                                                          and related vent systems, flues, and chimneys, but not
    e. Skylights, chimneys, and roof penetrations, but not                solar water heating systems.
    antennae or other roof attachments.
                                                                          e. Fuel storage and distribution systems [ for visible
    f. Roof framing [ , and ] sheathing [ , and decking ].                leaks ].
    g. Attic, unless area is [ inaccessible not readily                 6. Electrical system.
    accessible ] due to size or condition of structure.
                                                                          a. Service drop.
    h. Attic insulation [ and ventilation ].
                                                                          b. Service entrance conductors, cables, and raceways.
  3. Exterior of dwelling.
                                                                          c. Service equipment and main disconnects.
    a. Wall covering, flashing, trim, and protective coatings.
                                                                          d. Service grounding.
    b. [ All Readily accessible ] doors and windows, but not
    the operation of associated security locks, devices, or               e. Interior components of service panels and sub panels,
    systems.                                                              including feeders.

    c. Attached decks, balconies, stoops, steps, porches,                 f. Conductors.
    carports, and any associated railings, but not associated             g. Overcurrent protection devices.
    screening, shutters, awnings, storm windows, or storm
    doors.                                                                h. [ All Readily accessible ] installed lighting fixtures,
                                                                          switches, and receptacles.
    d. Eaves, soffitts, and fascias where [ readily ] accessible
    from ground level.                                                    i. Ground fault circuit interrupters.
                                                                          j. Presence or absence of smoke detectors.

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                                                                                                        Final Regulations
    k. Presence of solid conductor aluminum branch circuit             D. The certificate holder shall not accept nor offer
    wiring.                                                            commissions or allowances, directly or indirectly, from other
                                                                       parties dealing with the client in connection with work for
  7. Heating system.                                                   which the certificate holder is responsible. Additionally, the
    a. Heating equipment, including operating controls, but            certificate holder shall not enter into any financial relationship
    not heat exchangers, gas logs, built-in gas burning                with any party that may compromise the certificate holder’s
    appliances, grills, stoves, space heaters, solar heating           commitment to the best interest of his client.
    devices, or heating system accessories such as                     E. The certified home inspection shall not be used as a tool by
    humidifiers, air purifiers, motorized dampers, and heat            the certificate holder to solicit or obtain work in another field,
    reclaimers.                                                        except for additional diagnostic inspections or testing.]
    b. Energy source.
                                                                       18 VAC 15-40-150. Grounds for disciplinary action.
    c. Heating distribution [ system ].                                The board has the power to fine any certificate holder and to
    d. Vent systems, flues, and chimneys, including dampers.           suspend or revoke any certificate issued under the provisions
                                                                       of Chapter 5 (§ 54.1-500 et seq.) of Title 54.1 of the Code of
  8. Air conditioning system.                                          Virginia, and this chapter, where the certificate holder has
    a. Central and [window installed window/wall ] air                 been found to have violated or cooperated with others in
    conditioning equipment.                                            violating any provision of Chapter 1, 2, 3, or 5 of Title 54.1 of
                                                                       the Code of Virginia or this chapter.
    b. Operating controls, access panels, and covers.
                                                                       18 VAC 15-40-160. Maintenance of certificates, reports,
    c. Energy source.                                                  and documentation.
    d. Cooling distribution [ system ].                                A. A certificate holder shall at all times keep the board
                                                                       informed of his current home address. Changes of address
                     PART V.
                                                                       shall be reported to the board in writing within 30 calendar
       STANDARDS OF CONDUCT AND PRACTICE.
                                                                       days after such change. A physical address is required; a post
[ 18 VAC 15-40-140. Conflict of interest.                              office box is not acceptable. The board shall not be
                                                                       responsible for the certificate holder’s failure to receive
A. The certificate holder shall not:                                   notices, communications and correspondence caused by the
  1. Design or perform repairs or modifications to a residential       certificate holder’s failure to promptly notify the board of any
  building on which he has performed a certified home                  change of address.
  inspection as a result of the findings of the certified home         B. A certificate holder shall notify the board in writing of a
  inspection within 12 months after the date he performed the          name change within 30 calendar days of any change in the
  certified home inspection, except in cases where the home            certificate holder’s legal name. Such notification shall be
  inspector purchased the residence after he performed the             accompanied by a copy of a marriage certificate, divorce
  inspection;                                                          decree, court order or other documentation that verifies the
  2. Perform a certified home inspection of a residential              name change.
  building upon which he has designed or performed repairs             C. A certificate holder shall retain all records pertaining to
  or modifications within the preceding 12 months;                     certified home inspections performed to include, but not
  3. Refer his client to another party to make repairs or              limited to, written reports and supporting documentation for a
  modifications to a residential building on which he has              period of three years from the date of the related certified
  performed a certified home inspection within the preceding           home inspection.
  12 months; or                                                        18 VAC 15-40-170. Provision of records to the board.
  4. Represent the financial interests, either personally or           A certificate holder shall, upon demand, produce to the board
  through his employment, of any of the parties to the transfer        or any of its agents any written reports and supporting
  or sale of a residential building on which he has performed          documentation concerning any certified home inspection in
  a certified home inspection.                                         which the certificate holder was involved, or for which the
B. The certificate holder shall not disclose any information           certificate holder is required to maintain records for inspection
concerning the results of the certified home inspection without        and copying by the board or its agents.
the approval of the client for whom the certified home                 18 VAC 15-40-180. Response to inquiry of the board.
inspection was performed. However, the certificate holder may
disclose information in situations where there is an imminent          A certificate holder shall respond to an inquiry from the board
endangerment to life and health.                                       or any of its agents within [ 21 15 business ] days.
C. The certificate holder will not accept compensation,                18 VAC 15-40-190. Unworthiness and incompetence.
financial or otherwise, from more than one interested party for
                                                                       Actions constituting unworthy and incompetent conduct
the same service on the same property without the consent of
                                                                       include:
all interested parties.


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  1. Obtaining a        certificate   by   false   or   fraudulent          6. Failing to act as a certificate holder in such a manner as
  representation.                                                           to safeguard the interests of the public.
  2. Performing improvements or repairs to a [ residence                    7. Engaging in improper, fraudulent, or dishonest conduct in
  residential building as a result of the findings of the certified         conducting a certified home inspection.
  home inspection ] within 12 months before or after
  performing a certified home inspection [ on it, except in                 8. Having been found guilty by the board, an administrative
  cases where the home inspector purchased the residential                  body, or by any court of any misrepresentation in the course
  building after he performed the inspection ].                             of performing home inspections.

  3. Violating or inducing another person to violate any of the           NOTICE: The forms used in administering 18 VAC 15-40,
  provisions of Chapter 1, 2, 3, or 5 of Title 54.1 of the Code           Virginia Certified Home Inspectors Regulations, are not being
  of Virginia or this chapter.                                            published due to the large number; however, the name of
                                                                          each form is listed below. The forms are available for public
  4. Subject to the provisions of § 54.1-204 of the Code of               inspection at the Department of Professional and
  Virginia, having been convicted or found guilty, regardless             Occupational Regulation, 3600 West Broad Street, Richmond,
  of adjudication in any jurisdiction of the United States, of            Virginia, or at the office of the Registrar of Regulations,
  any misdemeanor involving violence, repeat offenses,                    General Assembly Building, 2nd Floor, Richmond, Virginia.
  multiple offenses, or crimes that endangered public health
  or safety, or of any felony, there being no appeal pending                                              FORMS
  therefrom or the time for appeal having elapsed. Any plea of
  nolo contendere shall be considered a conviction for the                [ Home Inspector Association Membership Form, 3380 AMF
  purposes of this subdivision. A certified copy of a final order,        (eff. 7/03).
  decree, or case decision by a court with the lawful authority           Home Inspector Certificate Application Instructions, 3380 INS
  to issue such order, decree or case decision shall be                   (eff. 7/03). ]
  admissible as prima facie evidence of such conviction or
  guilt.                                                                  Home Inspector Certificate Application, [ 33HICERT (eff.
                                                                          7/02)3380 CERT (rev. 7/03) ].
  5. Failing to inform the board in writing within 30 days of
  pleading guilty or nolo contendere or being convicted or                Home Inspector Experience Verification [ Form ], [ 33HIEXED
  found guilty, regardless of adjudication in any jurisdiction of         (eff. 7/02)3380 EXP (rev. 7/03) ].
  the United States of any misdemeanor involving violence,                [ Education Verification, 33HIEXED (eff. 7/02). ]
  repeat offenses, multiple offenses, or crimes that
  endangered public health or safety, or of any felony, there
  being no appeal pending therefrom or the time for appeal                         VA.R. Doc. No. R01-222; Filed April 29, 2003, 12:28 p.m.
  having elapsed.




Volume 19, Issue 18                                Virginia Register of Regulations                                      Monday, May 19, 2003

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